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ITAT Mumbai

ITAT Condones 972-Day Delay Citing Bona Fide Belief & Age of 71-Year-Old Assessee

November 9, 2025 234 Views 0 comment Print

 ITAT held that the delay in filing appeal was caused by genuine reasons, including the taxpayer’s age and misunderstanding of online procedures. The case was remanded to CIT(A) for fresh adjudication on merits.

ITAT Mumbai Sets Aside ₹8.9 Cr Loan Addition for Non-Service of Notices via Dysfunctional Email

November 9, 2025 96 Views 0 comment Print

Tribunal held that assessment proceedings were invalid as notices were sent to a non-functional email ID, denying assessee a fair hearing. Case remanded for fresh adjudication.

No TDS Liability on Year-End Provisions Without Identified Payees: ITAT Mumbai

November 9, 2025 381 Views 0 comment Print

ITAT Mumbai held that TDS need not be deducted on year-end expense provisions where payees are unidentifiable and liability crystallizes later. Case remanded for factual verification.

Capital Gains on Development Rights Taxable to Members, Not Society: ITAT Mumbai

November 9, 2025 282 Views 0 comment Print

ITAT Mumbai held that consideration from a redevelopment agreement is taxable in hands of individual members, not co-operative housing society. Tribunal upheld CIT(A)’s deletion of ₹4.97 crore addition, confirming that society acted merely as a representative.

Revision u/s. 263 quashed as object advancement of general public utility held as charitable purpose

November 9, 2025 75 Views 0 comment Print

ITAT Mumbai held that National Payments Corporation of India carries out activities which has been recognized as charitable under category of advancement of object for general public utility. Accordingly, revisionary order u/s. 263 quashed as issue already dealt in detail by AO.

ITAT Mumbai Deletes ₹4.11 Crore Section 14A Disallowance Against Aishwarya Rai

November 8, 2025 4530 Views 0 comment Print

ITAT Mumbai upheld relief granted by CIT(A) to Aishwarya Rai Bachchan, holding that the AO failed to record satisfaction before rejecting the assessee’s suo-moto disallowance under Section 14A. The Tribunal found the additional disallowance of ₹4.11 crore excessive and unsupported by evidence.

Debatable Issues No Basis for Penalty Under Section 271(1)(c): ITAT Mumbai

November 8, 2025 303 Views 0 comment Print

The ITAT Mumbai dismissed the Revenue’s appeal, holding that penalty cannot be imposed where the assessee’s claim is based on a genuine interpretation of Section 44 and Rule 5 and involves a debatable issue.

PCIT Cannot Recast Business Disallowance as Unexplained Expenditure Under Section 69C

November 8, 2025 156 Views 0 comment Print

The ITAT held that the PCIT incorrectly invoked Section 263 to substitute the AO’s plausible view, ruling that a business disallowance under Section 37(1) does not automatically become deemed income under Section 69C.

Late Filing of Form 10B Valid if Before Assessment Completion: ITAT Mumbai

November 8, 2025 453 Views 0 comment Print

ITAT Mumbai held that delay in filing Form 10B does not invalidate a trust’s exemption claim if the form is submitted before assessment completion and the error is rectified.

ITAT Mumbai Upholds 3% Profit Addition on Bogus Purchases; Full Disallowance Rejected

November 7, 2025 300 Views 0 comment Print

ITAT Mumbai held that when sales and stock figures are accepted, entire purchases cannot be treated as bogus. Only the profit element at 3% is taxable, following consistent judicial precedent.

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